Soto

Soto v. Super. Ct.

Good Law
Court of Appeal of CaliforniaMay 29, 2024E081902California5,358 words

Opinion

Opinion

BACKGROUND

I. Arasely’s Injury, the Malpractice Action, and Her Disability Benefits1

Arasely was a teacher at an elementary school in the Beaumont Unified School

The parties stipulated to a set of facts for purposes of CalSTRS’s motion for summary adjudication and the Sotos’ motion for summary judgment. Our factual summary is drawn from those stipulated facts.

3 District. She is a member of CalSTRS and its defined benefit program. In March 2015,

Arasely suffered a cerebral artery stroke during a routine medical procedure at San

Gorgonio Memorial Hospital (the hospital). The stroke resulted in a brain injury and

other physical and cognitive impairments. Dr. Devin Borna was one of Arasely’s treating

physicians.

In July 2015, the Sotos filed a malpractice action against the hospital, Dr. Borna,

and others. Raul brought the action in his individual capacity and as guardian ad litem

for Arasely.

The medical malpractice complaint alleged causes of action for negligence and

loss of consortium. The complaint sought compensatory damages for lost wages and lost

earning capacity, hospital and medical expenses, and general damage.

Dr. Borna served a subpoena on CalSTRS…

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